LOVILIA COAL CO. v. WILLIAMS

No. 96-2980.

143 F.3d 317 (1998)

LOVILIA COAL COMPANY and Bituminous Casualty Corporation, Petitioners, v. Verda M. WILLIAMS and Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1998.


Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Petitioners.

Ronald K. Bruce, Madisonville, KY, for Respondent Williams.

Allen H. Feldman, Department of Labor, Appellate Litigation, Washington, DC, Donald S. Shire, Edward D. Sieger, Elizabeth Hopkins (argued), Barry H. Joyner, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Office of Workers' Compensation Programs.

Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC, for Party-In-Interest Benefits Review Board.

Before BAUER, COFFEY and RIPPLE, Circuit Judges.


COFFEY, Circuit Judge.

On November 23, 1990, Billie Williams ("Williams") filed a claim for workmen's compensation benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901. Williams, who suffered from pneumoconiosis, or "black lung disease," died on July 31, 1992, before his claim was fully processed. Williams's widow, respondent Verda Williams, continued to pursue her husband's claim. Petitioners Lovilia Coal Company ("Lovilia") and Bituminous Casualty...

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